IBM won a tactical victory Friday in a legal battle with SCO Group when a judge ordered SCO to show within 30 days the Linux software to which it believes it has rights and to point out where it believes IBM is infringing.

But that's not what SCO is going for. They want to play the card that if there is infringing code in the kernel, the whole kernel now belongs to SCO, even if they remove the infringing code. That's just not how copyright law works. Infringements happen all the time. GPL'ed code has been copied into commercial software many times. In each case, the FSF has mediated with the company to allow them to either GPL their software, or remove the offending code.